Scott Finkbeiner, the sheriff of Hot Spring County who was indicted on federal charges of obstruction of justice and misprision of a felony last November, was arrested again Wednesday on new charges.
Finkbeiner, 46, was arrested for misdemeanor sexual solicitation and felony unauthorized use of the Arkansas Crime Information Center following an Arkansas State Police Criminal Investigation Division probe, according to news release from state police.
Finkbeiner surrendered himself at the Hot Spring County jail, and his bond was set at $10,000.
Elected in 2022, Finkbeiner has been the sheriff of the county in name only since December.
Finkbeiner was initially arrested by the FBI on Nov. 2 and was charged in a federal criminal complaint with obstruction of justice. On Nov. 15, a federal grand jury returned an indictment that added two counts of misprision of a felony, alleging that the sheriff deliberately concealed a drug distribution crime, and the maintenance of a drug distribution premises. Finkbeiner, 46, faces a maximum prison term of 20 years on the obstruction count if he is found guilty.
According to a federal criminal complaint affidavit filed Oct. 30, Finkbeiner came to the attention of federal investigators after a confidential informant reported to the FBI that Finkbeiner's name had come up in a conversation with another person who told the confidential informant "that Scott was the new sheriff, they were friends for a long time and smoked meth together."
On Nov. 3, the day after his arrest, Finkbeiner was released on $5,000 bond by Chief U.S. Magistrate Judge Mark Ford over the objection of Assistant U.S. Attorney Bryan Achorn. Five days later, Achorn filed a notice of appeal of Finkbeiner's release conditions and a brief asserting that there existed "a serious risk that [Finkbeiner] will obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate, a prospective witness or juror."
The brief, filed Nov. 8, alleged that Finkbeiner had taken steps to interfere with the grand jury and FBI investigations into his conduct and that, as sheriff, he had access to federal and state databases that could provide him with information regarding witnesses, "potential or otherwise," associated with the investigation.
The brief also said that as sheriff, Finkbeiner had access to firearms, to controlled substances kept in the evidence room, and to communications equipment that would enable him to monitor law enforcement activities, "to include contact with witnesses in this matter," and asked the court to set a detention hearing for Finkbeiner.
"At a minimum," the brief said, "a detention hearing should be held in order to consider the unique position of this Defendant and for the Court to obtain sufficient evidence so as to make an informed decision concerning any additional conditions that may need to be imposed."
The indictment returned on Nov. 15 accused Finkbeiner of attempting to obstruct an FBI investigation into an unidentified subject living in Perla. The indictment said that, between April 13 and May 24, a confidential informant conducted seven methamphetamine purchases from the subject at the subject's residence, and that on May 21, Finkbeiner arrived at the subject's residence and at one point offered the confidential informant suspected methamphetamine and money for sex. Following that interaction, which was recorded, the indictment said the FBI opened an investigation into Finkbeiner.
In August, the indictment said, Finkbeiner discovered a covert surveillance system set up on public property near the subject's home in Perla and after learning that it had been installed by the FBI, informed the subject of the presence of the system. On Aug. 21, the indictment said, in a recorded conversation with FBI agents, Finkbeiner was alleged to have attempted to head off the investigation into the original subject by telling the FBI that the subject was his confidential informant and told agents that the subject was only a low-level drug user.
"I can assure you he's moving no bunch of drug weight," the indictment quoted Finkbeiner as saying to the FBI.
The indictment said that in a Nov. 2 interview with the FBI, Finkbeiner admitted that the subject had provided him with methamphetamine and crack cocaine, both of which he said he had consumed at the subject's home.
On Nov. 24, Achorn filed a supplemental brief alleging that shortly after Finkbeiner was released from jail on Nov. 3, he said that he intended to interview an inmate in the Hot Spring County jail who had information related to the investigation into Finkbeiner and that he would release the inmate after getting the information he wanted. The supplemental brief also said that a number of witnesses in the investigation were employees of the sheriff's office and that Finkbeiner had stated his intention to fire them. It also alleged that Finkbeiner had directed two constables to investigate the matter without the knowledge of the federal public defender's office, which is representing him in the matter.
Four days later, U.S. District Judge Susan O. Hickey, the presiding judge over the matter, noting that Finkbeiner had not responded to the Nov. 8 motion for a detention hearing, set the hearing for Dec. 16.
On Dec. 7, Achorn filed a motion to modify Finkbeiner's conditions of release asking that the court strip Finkbeiner of virtually all of his duties as sheriff.
On Dec. 11, U.S. Magistrate Judge Barry A. Bryant in the Western District of Arkansas granted the motion on Dec. 11, ordering Finkbeiner to relinquish all of his duties as sheriff with the exception of payroll matters.
The order also required Finkbeiner to relinquish his authority over personnel decisions, forbade Finkbeiner from accessing law enforcement records and barred him from entering the premises of the Hot Spring County sheriff's office. The Dec. 16 detention hearing was canceled as moot.
In a post on the sheriff's office's Facebook page dated Nov. 6, Finkbeiner denied any wrongdoing.
"I want to start by saying please pray for my family and friends!" he said in the post. "This has been a nightmare for all of us. We are working on my legal defense and I have been advised by legal counsel to not discuss my case until the appropriate time. However, I do want to emphatically say I DID NOT OBSTRUCT JUSTICE in any way!! In fact it is the contrary. Thank you for the huge outpouring of support!! Its my hope that you can all come to the trial and see the truth! I will discuss more at a later date."
Information for this article was contributed by Dale Ellis of the Arkansas Democrat-Gazette.